Summary of Oltmans Construction Company  Decision
After Reconsideration

The Division inspector observed a large number of floor holes at a construction
site where a complex of tilt-up concrete buildings were in the process of construction.
Most of the holes were 12 inches deep and had steel structural columns in them
at the center of a rectangular hole, and several had protruding reinforcing
steel bars and were larger. Employees working near numerous exposed holes in
the floors were not protected against stepping in the holes by standard railings
or covers as required in section 1632(h) of the Construction Safety Orders.
The Board rejected Employers argument that, because of their size, there
were no holes in the floors into which someone could accidentally walk or fall
through. Under Tutor-Saliba Corp., Cal/OSHA App. 99-3388, DAR (Mar.2, 2002),
the intent of the safety order is to protect employees working around floor
holes against injuries (e.g., twisted or broken ankles) that can be caused by
accidentally walking or stepping into even shallow holes. An injury may result
even if the fall is relatively short. The Board rejected any notion that a violation
of the safety order requires that the hole or opening be large enough for an
employee to get his entire body in the hole. A general violation of section
1632(h) was affirmed.